The Veteran's service-connected lumbar spine disability does not render her unable to secure or follow a substantially gainful occupation, and she is therefore denied entitlement to TDIU. The case is also remanded for consideration of SMC for aid and attendance.
The deciding factor: The Veteran's service-connected disability alone does not render her helpless as to require the regular aid and attendance of another person, nor does it leave her substantially confined to her dwelling and immediate premises with reasonable certainty due to her service-connected lumbar spine disability.
- Claimed conditions
- Degenerative disc disease of L5/S1 with chronic lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 19, 2015
- Citation
- 1526262
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1526262.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected disabilities do not render her so helpless as to require the regular aid and attendance of another person, nor are they substantially confining her to her home or immediate premises. Therefore, she is not entitled to SMC based on need for aid and attendance or at the housebound rate.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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